Fdle special agent training academy

Introduction To Law Enforcement22

1) In a narrative format of no less than (500 words), brief the Jordan v. City of New London case and detail the facts, issues, and court holdings.

2) Critics argue that a rigorous selection process needlessly produces a smaller eligibility pool. Proponents maintain that more stringent guidelines will enhance how selected officers perceive themselves and how they will behave toward the public. Which position do you side with and why? (400 words)

3) Suppose that the governor of your state appoints you to serve on a criminal justice task force that will deal with improving recruitment practices in law enforcement. What areas would you focus on? What changes would you recommend for implementation? (400 words)

c h a p t e r

3

the StrUctUre OF aMerIcaN LaW eNFOrceMeNt

Special Jurisdiction Agencies

Agency Organizational Structure

The Budget Picture

Better Resource Management

Civilianization

Assets Forfeiture

Computers for Patrol Officers

Summary

Review Questions

Discussion Questions

Selected Internet Sites

References

c h a p t e r O U t L I N e

Key Terms

Learning Objectives

Introduction

The American Police System

The Federal Level

Department of Homeland Security

Department of Justice

Other Federal Agencies

Federal Officers

The State Level

The Local Level

County Sheriffs’ Offices

City Police Departments

55

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56 Part 1 the context of Law enforcement

innocent owner defense

line functions

non-sworn police employee

quasi-military

special jurisdiction agency

staff functions

sworn police employee

K e y t e r M S

assets forfeiture

chain-of-command

civilianization

equitable sharing

fragmentation

geographical jurisdiction

in rem forfeiture

innocent lienholder defense

• Appreciate the current economic conditions that agencies are facing;

• Portray how civilianization is a way to alleviate budget strain;

• Look at assets forfeiture as a mecha- nism for dealing with budgetary concerns;

• Recognize the criticisms of some assets forfeiture practices; and,

• Explain how computerization could make patrol officers more effective.

L e a r N I N g O b j e c t I v e S

The study of this chapter will enable you to:

• Explain why the American police system is characterized by fragmen- tation and decentralization;

• Understand how geographical juris- diction molds the American police system;

• List various federal, state, local, and special jurisdiction agencies and explain what they do;

• Explore how the typical law enforce- ment agency is organized;

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Chapter 3 the Stucture of american Law enforcement 57

Introduction All law enforcement officers work within an organizational context or environment. They are members of a particular agency and are empowered to enforce the criminal law within a particular jurisdiction. In addition, the members must abide by agency policy, the rules and regulations set by that organization.

The purpose of this chapter, then, is to explore the occupational context and environ- ment of law enforcement. We start by looking at the layers of law enforcement within the United States. This treatment includes the introduction of federal, state, local, and special jurisdictions. A brief description of each level, the kind of agencies that appear within each level, and how the levels interface with each other help pinpoint how the American police system is hinged or joined together. This approach means that some attention is devoted to how local law enforcement agencies are organized and function.

This chapter also entertains the issue of how local law enforcement agencies are funded. Recognizing that expenses continue to expand while the overall budget- ary allocation remains locked leads to a managerial dilemma. That is, how can police administrators do more with less? Given an ongoing series of budget cuts, some local governments have had to scale down that question. They now wonder how they can maintain current levels of service with fewer dollars. The answer comes in the form of more efficient resource utilization. Over the past 35 years, law enforcement admin- istrators have made a concerted effort to rely more on civilian employees. This prac- tice frees up sworn personnel and enables them to concentrate on their primary role because non-sworn members are providing support services. A second mechanism is assets forfeiture, the seizure of property that was used to further illegal activities or the confiscation of profits derived from these criminal ventures. Statutory provisions allow agencies to gain ownership of these items and convert them to law enforcement use. These practices, while financially helpful, have raised a host of other considerations that we will explore. The last avenue this chapter investigates is the trend towards com- puter technology. The thinking here is that computer applications will enable officers to complete their reports faster, reducing their “down time” while increasing their “up time” to perform more law enforcement duties.

As you can see, the goal of this chapter is to complete the backdrop this section of the book is trying to paint. Once this chapter is finished, you will have the information needed to form a broad picture of the field. This acquisition places you in a better posi- tion to understand law enforcement from the perspective of an occupational career.

the american police System Unlike many other countries, law enforcement in the United States is not based upon a centralized or nationalized police force. The original founders of this country were very much concerned with crafting a series of checks and balances that would pre- vent any one segment of the government from becoming too powerful and usurping

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58 Part 1 the context of Law enforcement

individual rights. One strategy the framers adopted was to ensure that law enforcement powers were not concentrated within a single entity. As a result, law enforcement in the United States is best characterized as being the combination of a series of fragmented and decentralized agencies.

Fragmentation means there are multiple layers of independent organizations within the overall law enforcement system. The major subdivisions tend to parallel geographi- cal boundaries. These agency levels include federal, state, county, and municipal areas. The land area that an agency covers is often referred to as geographical jurisdiction. In other words, local police provide protective services within the city limits. Municipal officers are responsible for law enforcement activity inside the city. Their formal arrest powers and authority, except in extreme situations, end at the city line.

Moving up a notch, the sheriff ’s office retains law enforcement authority throughout and over the entire county. In addition, the sheriff ’s office usually maintains the local jail and provides court security. Continuing up the ladder to the state level, one encounters a number of state agencies whose members have arrest powers. However, there are usually two prominent and distinct organizations. The state highway patrol has responsibility for vehicular traffic on the major arteries and a state police force serves as a scaled-down version of the Federal Bureau of Investigation. More specialized agencies, such as the lottery, insurance, and other regulatory divisions, also complete the law enforcement picture at this level. The final layer in this jig-saw picture consists of federal law enforce- ment agencies which have national jurisdiction.

One can also find special police departments nestled in between all these organiza- tions. Special police departments have their own niche and typically serve a very narrow population, patrol a limited area, or have a very unique mandate. It is not uncommon for colleges, universities, and even local school districts to have their own police agen- cies. Indian reservations often have their own tribal law enforcement units and local law enforcement authorities may be forbidden to enter these territories. Harbors and sea ports, airports, and other transit systems sometimes operate their own police units.

This quick analysis illustrates the fragmented and extended nature of the American law enforcement system. Each organization has its own separate goals and objectives and operates in relative isolation from other agencies. Given this diversity, we will take a closer look at these various levels in order to gain a fuller understanding of the complex- ity of policing in this country. Before we do that, though, there is one more consideration to entertain.

When people talk about police employees, they usually draw a distinction between sworn and non-sworn workers. A sworn police employee is a person who has the power of arrest and the authority to carry a firearm. Not all sworn employees actually carry a firearm during the course of their daily duties. For example, correctional officers often work their posts in an unarmed capacity. In contrast, a non-sworn police employee is a civilian whose job is located within a law enforcement agency. Dispatchers, computer analysts, crime scene technicians, victim advocates, legal advisors, budget experts and other members provide important support. While these people are sometimes referred to as support staff, the overriding distinction is that one does not need to be sworn to work in these positions.

R O D D Y , A N T H O N Y 6 9 7 3 B U

Chapter 3 the Stucture of american Law enforcement 59

Given this background, we are now in a position to explore the array of law enforce- ment agencies that exist in this country. In terms of an approach, it makes sense to start at the national or federal level and move downwards to local agencies. By the time you finish reading this section, you will have a firm understanding of how fragmentation and decentralization are the hallmarks of the American police system.

the Federal Level Federal agencies enjoy broad jurisdiction across the entire nation. Because state agency jurisdiction stops at state borders, federal jurisdiction fills an important interstate gap as a coordinator. In addition, some state problems constitute national concerns. Border crossing, entering the United States, importing goods, refugees, and other consider- ations have large ramifications for the entire country. The very nature of international threat and interstate crime necessitates a separate set of statutes, the federal code, which national agencies enforce.

Department of homeland Security The September 11, 2001 terrorist attacks targeting the World Trade Center in New York and the Pentagon in the nation’s capital prompted a major re-organization of the fed- eral law enforcement response. When Congress passed the “Homeland Security Act of 2002,” it created an umbrella agency called the Department of Homeland Security (DHS). The DHS was charged with protecting the nation from terrorist threats.

This sweeping reform created five sectors within DHS. These responsibilities include (1) counterterrorism, (2) border security, (3) emergency preparedness, response, and recovery (4) immigration, and (5) cyber security. The DHS organization chart, depicted in Figure 3.1, shows that the major activities are discharged by the Transportation Security Administration, Customs and Border Protection, Citizenship and Immigration Services, Immigration and Customs Enforcement, Secret Service, Federal Emergency Management Agency, and the Coast Guard.

Department of justice The Department of Justice (DOJ) is home to several investigative agencies. One of the better-known divisions within DOJ is the Federal Bureau of Investigation (FBI). The FBI retains jurisdiction over all federal crimes that do not fall within another specific agency’s purview. Some examples include kidnapping, bank violations, interstate trans- portation, civil rights violations, organized crime, and assaults against federal officials. In addition, the FBI supports the efforts of local agencies through its fingerprint identifi- cation system, the National Crime Information Center which maintains a computerized bank of criminal arrest histories and a staff of forensics experts in the crime laboratory,

R O D D Y , A N T H O N Y 6 9 7 3 B U

60 Part 1 the context of Law enforcement

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Source: U.S. Department of Homeland Security (2010). Organizational chart. Washington, DC: Department of Homeland Security. Retrieved on February 5, 2012 from http://www.dhs.gov/xlibrary/assets/dhs-orgchart.pdf

F I g U r e 3 . 1 Department of homeland Security organizational chart.

R O D D Y , A N T H O N Y 6 9 7 3 B U

Chapter 3 the Stucture of american Law enforcement 61

and by sponsoring training seminars at the national academy. Figure 3.2 contains some information related to employment opportunities with the FBI.

The responsibility for combating drug abuse and the importation of these illegal substances falls to the Drug Enforcement Administration (DEA). The DEA surfaced in 1973 through the merger of several federal offices. Besides monitoring airports and offshore activity, DEA agents coordinate with state and local agencies to identify and to apprehend middle- and upper-level drug dealers and suppliers. The controversial “drug courier profile,” while somewhat successful, has raised a number of constitutional con- cerns (Hughes, 2003; Williams & Arrigo, 1999). Federal sentencing reforms, the subject of much criticism, provide much stiffer punishment schedules for convicted drug dealers than many similar state statutes.

The United States Marshals Service is attached to the federal court system. Besides providing federal courtroom security, the Marshals Service is responsible for the fed- eral witness relocation and protection program. Federal marshals also conduct criminal investigations, are charged with executing federal warrants, and manage the federal asset forfeitures program.

A host of other organizations are housed within DOJ. A visit to the DOJ website would help interested parties uncover an inventory of these offices.

Other Federal agencies There are a number of law enforcement positions scattered throughout other federal agencies that are responsible for discharging important duties. For example, sworn per- sonnel work in the U.S. Mint, the Department of Veteran Affairs, the Department of Defense, the Department of Energy, and many other locations. In addition, a number of federal offices include the role of Inspector General (IG). The IG offices focus mainly on fraud and waste within federal programs. Incumbents exist in the Office of the Treasury, Department of Defense, Department of Health and Human Services, the Department of Housing and Urban Development, the Social Security Administration, and a host of other locations (Reaves, 2006, p. 7).

Federal Officers The most recently available figures indicate there are approximately 105,000 non-mil- itary federal law enforcement officers scattered throughout 65 different agencies. The bulk of these sworn personnel, almost three out of every four federal law enforcement officers, are housed in the Department of Homeland Security and the Department of Justice (Reaves, 2006, p. 1).

Table 3.1 displays the gender and race of federal officers who work in agencies that have at least 500 full-time officers on their payrolls. As you can see, Customs and Border Protection is the leading employer, followed by the Federal Bureau of Prisons, the Federal Bureau of Investigation, and by Immigration and Customs Enforcement. The vast number of federal agents are male, although there is some variation from one

R O D D Y , A N T H O N Y 6 9 7 3 B U

62 Part 1 the context of Law enforcement

F I g U r e 3 . 2 entrance requirements for the Federal bureau of Investigation.

What are the qualifi cations for the Special Agent position?

To become an FBI Special Agent, you must be a U.S. citizen or a citizen of the Northern Mariana Islands. You must be at least 23 years of age, but younger than 37 upon your appointment as a Special Agent. Applicants must possess a four-year degree from a college or university accredited by one of the regional or national institutional associations recognized by the United States Secretary of Education. All candidates must possess a valid driver’s license and be completely available for assignment anywhere in the FBI’s jurisdiction. In addition, applicants must be able to meet all of the FBI’s Special Agent Qualifi cation Requirements.

Is there waiver of the four-year degree if an applicant has military service?

No. All applicants must have a four-year degree when applying for the Special Agent position.

Will having uncorrected vision or laser surgery disqualify me from applying for the Special Agent position?

Special Agent candidates need to have at least 20/20 vision in one eye and not worse than 20/40 vision in the other eye. If an individual has a satisfactory history of soft contact lens wear for more than one year and is able to meet correction to 20/20 in one eye and no worse than 20/40 in the other eye, safety concerns are considered mitigated and applicant processing may continue. If an applicant has had laser eye corrective surgery, a six-month waiting period is required prior to beginning New Agents’ Training at the FBI Academy. The applicant must also provide evidence of complete healing by an ophthalmology clinical evaluation. Policy for color vision allows continuation of applicant processing if those who fail initial color vision screening are able to successfully complete the Farnsworth D-15 color vision test.

Do certain degrees provide a more desirable educational background for the Special Agent position?

The FBI does not recommend particular courses or schools. Any degrees that develop research and analytical skills are desirable educational backgrounds. For example, a law degree is a desirable asset because Special Agents are charged with investi- gating violations of federal laws of the United States; an accounting degree is also desirable because Special Agents trace fi nancial transactions and review/analyze complex accounting records in criminal investigations; an engineering degree is desirable because Special Agents often have to critically analyze large amounts of information in order to plan the next steps in an investigation.

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Chapter 3 the Stucture of american Law enforcement 63

agency to the next. For example, women constitute 44.2% of the sworn personnel at the Administrative Offi ce of the U.S. Courts. With respect to race, most federal agents tend to be white. However, the racial composition does fl uctuate according to employer. Black agents are more likely to be found in the Capitol Police (28.9%), the Veteran’s Health Administration (26.8%), the Bureau of Prisons (24.2%), and the Postal Inspection

F I g U r e 3 . 2 c O N t .

How much are FBI Special Agents paid?

Special Agent trainees at the FBI Academy are paid as GS-10, step 1 ($43,441) plus the Quantico, VA locality adjustment (17.50%) during their time at the FBI Academy. This equates to $51,043 on an annualized basis.

Newly assigned Special Agents are paid as GS-10, step 1 ($43,441) plus locality pay and availability pay. Locality pay (which ranges from 12.5% to 28.7% of base sal- ary depending upon offi ce assignment) is additional compensation to account for differences in the labor market between different areas. Availability pay is a 25% increase in adjusted salary (base salary + locality pay) for all Special Agents due to their requirement to average a 50-hour work week over the course of the year. Thus, with the locality and availability pay adjustments, new Special Agents in their fi rst Field Offi ces earn between $61,100 and $69,900, depending upon the region of the country to which they are assigned.

I just want to be an FBI “Profi ler”—where do I begin the application process?

You fi rst need to realize the FBI does not have a job called “Profi ler.” The tasks com- monly associated with “profi ling” are performed by Supervisory Special Agents assigned to the National Center for the Analysis of Violent Crime (NCAVC) at Quantico, Virginia. Despite popular depictions, these FBI Special Agents don’t get “vibes” or experience “psychic fl ashes” while walking around fresh crime scenes. It is an exciting world of investigation and research—a world of inductive and deduc- tive reasoning; crime-solving experience; and knowledge of criminal behavior, facts, and statistical probabilities.

Special Agents are not eligible for positions at the NCAVC until they have three years of experience. Because the positions are so competitive, however, individuals selected usually possess eight to ten years of experience as a Special Agent. The NCAVC employs Special Agents with a variety of backgrounds. The most important qualifi cations include overall experience as an investigator specializing in violent crimes, particularly homicides, rapes, child abductions, and threats.

Source: Federal Bureau of Investigation (2012). Special agent frequently asked questions. Washington, DC: Federal Bureau of Investigation. Retrieved on January 24, 2012 from http://www.fbijobs.gov/114.asp

R O D D Y , A N T H O N Y 6 9 7 3 B U

64 Part 1 the context of Law enforcement

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R O D D Y , A N T H O N Y 6 9 7 3 B U

Chapter 3 the Stucture of american Law enforcement 65

Service (21.6%). Hispanics and Latinos have a strong presence within Customs and Border Protection (36.9%) and the Immigration and Customs Enforcement (22.0%), probably due to a bilingual capability.

the State Level Many states have an elaborate grid of law enforcement agencies that parallel the fed- eral government. Two important organizations charged with the protection of residents emerge at the state level. These agencies are the state police and the highway patrol.

The state police can be thought of as a smaller version of the Federal Bureau of Investigation. Like the FBI, these state bureaus conduct active criminal investigations and make support resources, such as computerized arrest histories and forensic labo- ratories, available to local agencies. According to the most recent count, the 50 states employed almost 61,000 sworn and over 32,000 non-sworn full-time employees in this capacity (Reaves, 2011, p. 2). Figure 3.3 displays the hiring standards for one such state organization, the Florida Department of Law Enforcement. As you can see from that information, there is a premium placed upon investigative expertise for these agents.

The highway patrol regulates vehicular traffic on the highways and byways of the state. Members of the state highway patrol are commonly referred to as “troopers” and wear a uniform that is distinct from local law enforcement officers. While we think of their duties as pertaining to vehicle inspection, speed detection, and traffic accident investigation, such activities often bring these men and women into contact with drug smugglers and other criminals. As a result, members of the highway patrol have the same criminal law enforcement functions and powers as other police officers. The mini- mum job qualifications for a Florida Highway Patrol trooper appear in Figure 3.4 for your consideration.

Like their federal counterparts, many states have a long list of agencies charged with specific law enforcement responsibilities. As Table 3.2 shows, some of these powers in Florida extend to wildlife officers, investigators who oversee insurance company com- pliance, horse track and lottery commissions, state fire marshals, food and health reg- ulators, agricultural inspectors, transportation specialists, state income tax regulators, liquor and beverage agents, and many others. Once again, these officials are empowered to conduct investigations anywhere within the geographical confines of their own states.

the Local Level Local law enforcement personnel are employed by either a county sheriff ’s office or by a municipal police department. Both agencies are responsible for maintaining law and order within their geographical areas. Even though county deputies and city police offi- cers may overlap somewhat and provide duplicate services, their functions are important enough to deserve separate consideration.

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66 Part 1 the context of Law enforcement

F I g U r e 3 . 3 entrance requirements for the Florida Department of Law enforcement.

Minimum Qualifi cations:

• Four years of sworn law enforcement experience; or

• A bachelor’s or advanced degree from an accredited college or university with a major in criminology/criminal justice, accounting, fi nance, computer science or related fi elds.

Notes:

• Applicants must possess or, within 180 consecutive days after hire date, obtain Florida Criminal Justice standards.

• Based on the needs of the department, FDLE may pay for the applicant’s Florida law enforcement certifi cation course and examination.

• Preference will be given to applicants who possess a bachelor’s degree or advanced degree.

• Preference will be given to applicants who are willing to relocate anywhere in the state.

• Preference will be given to applicants fl uent in a foreign language.

• Preference will be given to applicants who are experienced sworn law enforce- ment investigators.

• Selected applicants will be required to sign an employment training reimburse- ment agreement.

• An applicant’s probationary period will extend 12 months after completion of the FDLE Special Agent Training Academy.

• Applicants who do not currently possess certifi cation as a Law Enforcement Offi cer in Florida will be hired at 5% below the base salary. Upon successful completion of the Florida Law Enforcement Basic Recruit Training Program and achieving a passing score on the State Offi cer Certifi cation Examination, appli- cants will receive an increase to the base rate of pay.

• Internal applicants must have received at least an “achieves” on all work plan expectations during the last two rating periods. The applicant may not have received a “below” rating on any work expectation.

Source: Florida Department of Law Enforcement (2011a). Special agent hiring qualifi cations. Tallahassee, FL: Florida Department of Law Enforcement. Retrieved on January 24, 2012 from http://www.fdle.state.fl .us/ Content/Employment-Information/Menu/Special-Agent-Hiring-Qualifi cations.aspx

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Chapter 3 the Stucture of american Law enforcement 67

F I g U r e 3 . 4 entrance requirements for the Florida highway patrol.

• Age: 19 years or age or older.

• Citizenship: You must be a United States Citizen. Naturalized Citizens are wel- come to apply. All Naturalization documentation must accompany application.

• Vision: Applicants must have minimum correctable vision of 20/30, with normal color distinguishing capabilities and 140-degree fi eld of vision. Any visual disabil- ity, which prevents the performance of essential functions of an applicant, for which no reasonable accommodation is possible, shall disqualify the applicant.

• Weight Proportional to Height: People of all heights are encouraged to apply. We do not have minimum or maximum height limits.

• Education: High school diploma or a general equivalency diploma is required.

• Driver’s License: Applicants must possess a valid driver’s license.

• Relocation: Applicants must be willing to serve anywhere in the state of Florida.

• One of the following:

• One year sworn or non-sworn law enforcement experience.

• Two years of active and continuous U.S. military service.

• Two years of public contact experience.

• Thirty semester-hours or 45 quarter-hours at an accredited college of university.

Employment preference is given to qualifi ed applicants who have completed 60 semester-hours or 90 quarter-hours of college course work at an accredited college of university. Employment is given to qualifi ed applicants who have two years of continuous U.S. military service with an honorable discharge.

Employment preference is given to Florida Certifi ed Law Enforcement Offi cers with one year of sworn law enforcement experience.

Veterans’ Preference is given to veterans and spouses of veterans as outlined in Florida Statutes.

Starting salaries: $32,657.64 annually ($37,657.44 in Broward, Miami-Dade, Monroe, Palm Beach, Collier and Lee counties).

Source: Florida Highway Patrol (2011). FHP recruitment information. Tallahassee, FL: Florida Highway Patrol. Retrieved on January 24, 2012 from http://www.fl